Table of Content
1. court’s discretionary power relating to negative declarations under specific laws. (Para 1)
2. claims and specifics regarding the parties' businesses and trade mark ownership. (Para 2 , 3 , 4)
3. affidavit claims regarding ownership and use of trade marks. (Para 5)

[1] This originating summons (OS) raises the following two novel questions:

(1) whether the Court has the discretionary power under s 41 of the Specific Relief Act 1950 ( SRA ), O 15 r 16 of the Rules of 2012 (RC) and/or its inherent jurisdiction to grant, among others, a "negative declaration" that the plaintiff company's (plaintiff) use in good faith of the plaintiff's own name (Diesel) and "Diesel" trade marks (plaintiff's Diesel Trade Marks) does not infringe the defendant company's (defendant) four registered Diesel trade marks (defendant's Registered Diesel Trade Marks) under s 40(1)(a) of the Trade Marks Act 1976 ( TMA ); and

(2) if the Court has the discretionary power under s 41 SRA to grant a negative declaration in this case, whether the Court should exercise its discretion to do so in view of the following:

(a) the availability of the remedy under ss 37(a) to (c) read with 45(1)(a) TMA fo

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